TERMS AND CONDITIONS OF SALE - INTERNET
In force as of 27/06/2019
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (the "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customers or the Customer"), wishing to purchase the products offered for sale ("the Products") by the Seller on the website www.watertoys.fr. The Products offered for sale on the site are the following:
"underwater scooter", "rov", etc.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the www.watertoys.fr website, which the customer must read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to the availability of stocks, as specified when the order is placed.
These GCS are accessible at any time on the website www.watertoys.fr and shall prevail over any other document.
The Customer declares having read these GCS and having accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the site www.watertoys.fr.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
The Vendor's contact details are as follows:
poseidon yachting, sole proprietorship
Share capital of ________________ euros
Registered in the RCS of FREJUS, under the number 452480585
193 impasse du Berger, 83600 FREJUS
phone : 0494533686
Intracommunity VAT number FR02452480585
ARTICLE 2 - Prices
The Products are supplied at the prices in force on the www.watertoys.fr website, at the time the order is recorded by the Seller.
The prices are expressed in Euros, exclusive of tax and including all taxes.
The prices take into account any reductions that may be granted by the Seller on the website www.watertoys.fr.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - Orders
It is up to the Customer to select on the www.watertoys.fr website the Products he wishes to order, according to the following terms and conditions:
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the site www.watertoys.fr constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
Any cancellation of the order by the Customer after its acceptance by the Seller shall only be possible within 24 hours at the most after acceptance of the order by the Seller and as long as the delivery has not taken place (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do so, he must register by filling in the form that will be proposed to him at the time of his order and undertakes to provide true and accurate information concerning his civil status and contact details, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.
To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from any disclosure thereof. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: firstname.lastname@example.org. This will be effective within a reasonable period of time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the site www.watertoys.fr will have the possibility of suspending or even closing a customer's account after formal notice sent by electronic means and remained without effect.
Any deletion of an account, for whatever reason, will result in the pure and simple deletion of all the Customer's personal information.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account implies the acceptance of the present general terms of sale.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following modalities:
payment by credit card
The price is payable cash by the Customer, in full on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider intervening for the banking transactions carried out on the site www.watertoys.fr.
The payments made by the Customer shall only be considered final after effective collection by the Seller of the sums due.
The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price in accordance with the above-mentioned conditions.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in metropolitan France or in the following zone(s):
Deliveries are made within a week to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are communicated for information purposes only.
If the Products ordered have not been delivered within a period of no later than the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a special request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to a specific additional invoice, based on a quotation previously accepted in writing by the Customer.
The Customer is obliged to check the condition of the products delivered. He has a period of 7 days from delivery to make complaints by email, accompanied by all the relevant documents (photos in particular). After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these Terms and Conditions of Sale.
The transfer of the risks of loss and deterioration relating thereto will only be made when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril, except when the Customer itself has chosen the carrier. In this respect, the risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Seller's Products to the Customer shall only take place once the Customer has paid the price in full, regardless of the delivery date of the said Products.
ARTICLE 7 - Right of retraction
According to the terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right to withdraw from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify his decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph shall run from the date :
1° From the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ;
2° From receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the time of conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts, the delivery of which is staggered over a specified period, the period shall run from the receipt of the last good or lot or the last part.
In the case of contracts providing for the regular delivery of goods over a specified period, the time limit shall run from the receipt of the first good. »
The right of withdrawal may be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the willingness to withdraw and in particular by mail addressed to the Seller at the postal address or email indicated in ARTICLE 1 of the GCS.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The costs of return are at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - Responsibility of the Seller - Warranties
The Products supplied by the Seller benefit from :
the legal guarantee of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to statutory guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility. »
Article L217-5 of the Consumer Code
"The property is in accordance with the contract:
(1) If it is fit for the use ordinarily expected of similar property and, where applicable:
- if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter. »
Article L217-12 of the Consumer Code
"An action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods. »
Article 1641 of the Civil Code.
"The seller is bound by the guarantee on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. »
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. »
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, for a restoration covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining duration of the guarantee. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention. »
In order to assert its rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller shall reimburse, replace or have repaired the Products or parts under warranty that are deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return shipping costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and no later than 1 year for the scooter and rov, 6 months for the battery, days after the Seller's determination of the non-conformity or latent defect. This reimbursement may be made by bank transfer or cheque.
The responsibility of the Seller will not be engaged in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and shall not engage the Vendor's liability.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of its personal data is necessary for the sale of the Products and their delivery/delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the www.watertoys.fr website are as follows:
When creating the account Client / user :
Surname, first names, postal address, telephone number and e-mail address.
As part of the payment for the Products offered on the www.watertoys.fr website, the latter records financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, from 25 May 2018, of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, please note that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the www.watertoys.fr website have the following rights:
They may update or delete data concerning them in the following manner:
They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
They may exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data controller".
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
They may also request the portability of data held by the Seller to another service provider.
Finally, they may object to the processing of their data by the Seller.
These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose details are indicated above.
The data controller must provide a response within a maximum period of one month.
In the event of refusal to grant the Customer's request, the Customer must give reasons.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Vendor. He will always be able to withdraw his agreement at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the site www.watertoys.fr is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.
ARTICLE 11 - Applicable law - Language
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact the customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GCS.
The Customer is informed that he may in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
In this case, the appointed mediator is
E-mail : .
The Client is also informed that he may also resort to the Online Dispute Resolution (OLR) platform :https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.
All disputes to which the purchase and sale operations concluded in application of these GCS and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.watertoys.fr, except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
For the attention of sole proprietorships, poseidon yachting
193 impasse du Berger, 83600 FREJUS
I hereby give notice of withdrawal from the contract in respect of the property below:
- Order of (indicate date)
- Order number: .............................................................................................................................................................................................................................................
- Customer Name: .............................................................................................................................................................................................................................................
- Customer address: .............................................................................................................................................................................................................................................
Signature of the Customer (only if this form is notified on paper)